2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 41 - Foreign Fiduciaries
4101 - In general.

                                CHAPTER 41
                           FOREIGN FIDUCIARIES

     Subchapter
        A.  Powers and Duties
        B.  Distributions to Foreign Fiduciaries
        C.  Transfer of Administration

        Enactment.  Chapter 41 was added June 30, 1972, P.L.508,
     No.164, effective July 1, 1972.

                               SUBCHAPTER A
                            POWERS AND DUTIES

     Sec.
     4101.  In general.
     4102.  Powers with respect to securities and bank accounts.
     4103.  Service of process (Repealed).
     4104.  Proof of authority in court proceedings.
     4105.  Effect of local proceedings.
     § 4101.  In general.
        A foreign fiduciary may institute proceedings in the
     Commonwealth, subject to the conditions and limitations imposed
     on nonresident suitors generally, and may exercise all the other
     powers of a similar local fiduciary, but a foreign personal
     representative shall have no such power when there is an
     administration in the Commonwealth. Except in the case of powers
     with respect to securities and bank accounts, for which special
     provision is made in section 4102 (relating to powers with
     respect to securities and bank accounts) the maintenance of a
     proceeding or the exercise of any other power by a foreign
     fiduciary shall be subject to the following additional
     conditions and limitations:
            (1)  Copy of appointment.--The foreign fiduciary shall
        file with the register of the county where the power is to be
        exercised, or the proceeding is instituted, or the property
        concerning which the power is to be exercised is located, an
        exemplified copy of his appointment or other qualification in
        the foreign jurisdiction, together with an exemplified copy
        of the will or other instrument, if any, in pursuance of
        which he has been appointed or qualified. When he is an
        executor, administrator C.T.A., testamentary trustee, or
        testamentary guardian under a will of a decedent who either
        died prior to April 1, 1956, or whose will was probated
        outside of the United States, and wishes to exercise a power
        with respect to Pennsylvania real estate, the will must be
        admitted to probate in Pennsylvania as required by law.
            (2)  Affidavit.--The foreign fiduciary shall execute and
        file an affidavit with the register of the county where the
        power is to be exercised or the proceeding is instituted or
        the property concerning which the power is to be exercised is
        located, stating that after diligent search and inquiry, the
        estate of which he is fiduciary is not, to his knowledge or
        so far as he has been able to discover, indebted to any
        person in the Commonwealth, and that he will not exercise any
        power which he would not be permitted to exercise in the
        jurisdiction of his appointment. The affidavit shall be
        attached to the copy of appointment.
            (3)  Time limitation.--When the foreign fiduciary is a
        personal representative or a trustee under the will of a
        nonresident decedent, he shall not exercise any of his powers
        within the Commonwealth for one month after the decedent's
        death.
            (4)  Taxes.--When the foreign fiduciary exercises a power
        to sell or mortgage any Pennsylvania real estate, all taxes
        due thereon to the Commonwealth or to any subdivision thereof
        must be paid or provided for.

        Cross References.  Section 4101 is referred to in sections
     4102, 4104 of this title.